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In the Ace Heating and Cooling scenario that's in the text and answer the questions: Under UCC 2-302, who has the best chance of getting
In the Ace Heating and Cooling scenario that's in the text and answer the questions:
- Under UCC 2-302, who has the best chance of getting out of the contract due to unconscionability?
- The symbol for justice features a woman wearing a blindfold illustrating that the law should be applied the same way regardless of who the parties are. Does the UCC rule seem to contradict this? Which approach do you think is more ethical?
- Note that both Glamour and Shady Rest are businesses, and courts rarely find that contracts between two businesses are unconscionable. The rationale is that a business is a sophisticated entity, familiar with transactions and able to protect itself. Do you think Glamour and Shady Rest are in a comparable position in regard to this contract? Why or why not?
Explaining the position and why you agree or disagree. Do you think the contracts are fair or unfair considering the parties had a disproportionate ability to bargain? Under UCC Section 2-302 the court has the discretion to find the contract unconscionable. Why do you think this is a good approach? What other methods to resolve this issue is appropriate?
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